Author: Sanjay Tiwari
College: Padala Rama Reddi Law College.
Admiralty Law and Marine Law both are same, Admiralty Law talks about the Nautical Issue and Marital issue, it governs with domestic law and private international law. This Article I will be talking about how this law is important for our global market, because 90% of your imported good or what we export are done through this channel it is very important to talk a gist about various types of transportation medium available right now before learning about the admiralty law because this law only focus on one those transportation medium.
Medium of Transportation of Good
2. Marine Base
This above four mediums of transportation are the most Predominant in our global society, but if we look in the above four, we can generally frame that Airways and through Marine Based transportation are used more for international transportation. i.e. in export and import process. Everyone will thinking why I am only talking about transportation because the major use of marine bodies are used either for war fare or for business, and I was saying that Admiralty law deals with Private international Law it means it deals with private individual and body corporate, it wont talk about the public relationship nor it deals with two governments it all talk about the private bodies. But to understand about above law we need to under 3 zones near the shore of sea, from seashore to 12miles are the property of the law of land and all domestic law applies with in the those 12miles it is known as Territorial water. For Example, From Kerala Beach till 12miles it is considered as Indian Territory as all the domestic law of India are governed there any disputes arising with in this limits are governed with the law of land , ships of various courtiers are allowed to pass if the are considered as Innocent passage, it means any other passage other than fishing , weapon practice and Environmental Damage. Without permission. And other 12miles talks about known continuous zone where a country deals with taxation, Customs, Immigration and pollution and all this topic the domestic country has right ot make laws. Last zone is EEZ are known as economic zones it extends up to 200 nautical miles. It was initially bought to development of fishing but boom in the natural resource it is been utilized in oil.
History of Marine Law in India
The modern maritime law of India has developed over a century, from colonial times, vide the Admiralty Offences (Colonial) Act, 1849, the Inland Steam vessels Act, 1917; the Coasting Vessels Act, 1838; the Indian Registration of Ships Act, 1841; the Indian Registration of Ships
Act (1841) Amendment Act, 1850; Indian Ports Act, 1908; Indian Merchant Shipping Act, 1923;
the Merchant Seamen (Litigation) Act, 1946; the Control of Shipping Act, 1947; and the Merchant Shipping Laws (Extension to Acceding States and Amendment) Act, 1949, Territorial Waters Jurisdiction Act, 1878 etc. In addition to these, a series of legislative Acts of British Parliament, promulgated between 1823 and 1940, governed various aspects of Indian shipping, including shipowners’ liability, salvage, certification of seafarers, safety and load line conventions.
And After repealing all the above laws Indian government Formulated a specific law in marine
law is Merchant Act 1958 which helped the government to take process of registration of
Merchants and regulation to impose upon them make legal enforceability.
Marine Law not only talks about Merchant it also talks about the damages while voyage on good
and person, insurance law relating to marine, what are the regulations should be followed for
registrations of ships , jurisdiction of court in case breach of any law laid down in the marine law
In India after Apex court the main five states are given power to have jurisdiction on Andhra
Pradesh, Tamilnadu, Gujarat, Maharashtra and west bengal this 5 state high courts have
jurisdiction on the matters of Marine law issues in the territories of India and make verdicts there
Here another concept of Citizenship comes in picture if any child born on the territory of water of
which country he get the citizenship it depends on two concepts i) on which ship the child was
born means where the ship is originated ii) in which territories water the ship is present , according to this two factors new born child gets the citizenship.
According to me the concept of Marine or Admiralty law is very vast as the ocean the new concepts are arising as the development of countries is being taken place. The main sources of law is conventions, treaties pacts, united nation which is considered as the international peace body has made international organization to deal with the issues between the parties and states. International Marine time Organization is the body established each country should make a statutory law for the marine law.